DCT
3:25-cv-00285
Xodus Medical Inc v. Eagle Health LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Xodus Medical, Inc. (Pennsylvania)
- Defendant: Eagle Health LLC (Tennessee)
- Plaintiff’s Counsel: The Webb Law Firm; Merchant & Gould P.C.
- Case Identification: 3:25-cv-00285, E.D. Tenn., 06/19/2025
- Venue Allegations: Venue is alleged to be proper as the Defendant resides in, is subject to personal jurisdiction in, and has committed the alleged acts of infringement in the Eastern District of Tennessee.
- Core Dispute: Plaintiff alleges that Defendant’s Trendelenburg positioning pads infringe three patents related to viscoelastic patient support pads and associated methods of use.
- Technical Context: The technology concerns specialized medical pads used to safely secure patients on operating tables that are tilted head-down (the Trendelenburg position), a common orientation for laparoscopic and robotic surgeries.
- Key Procedural History: Plaintiff Xodus is the exclusive licensee of the asserted patents. The complaint alleges that Defendant’s principal previously marketed and sold Plaintiff’s patented "Pink Pad" product for nearly a decade through a third-party distributor. During that time, the principal allegedly gained actual knowledge of the asserted patents, Xodus's confidential information, and related patent litigation against other entities, facts which may be central to the claims of willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2012-01-10 | ’720 Patent Priority Date |
| 2012-02-01 | Xodus introduces The Pink Pad® |
| 2012-06-01 | ’314 and ’876 Patents Priority Date |
| 2013-06-18 | ’720 Patent Issue Date |
| 2013-08-20 | ’314 Patent Issue Date |
| 2015-10-20 | ’876 Patent Issue Date |
| 2024-01-01 | Adler terminates relationship with Xodus (date stated as "In 2024") |
| 2025-06-19 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,511,314 - Method of Securing a Patient Onto an Operating Table When the Patient Is in the Trendelenburg Position and Apparatus Therefor Including a Kit
- Patent Identification: U.S. Patent No. 8,511,314, titled "Method of Securing a Patient Onto an Operating Table When the Patient Is in the Trendelenburg Position and Apparatus Therefor Including a Kit," issued on August 20, 2013. (Compl. ¶9)
The Invention Explained
- Problem Addressed: The patent addresses the dual problems of patient sliding and pressure-related nerve injuries (such as brachial plexopathy) when a patient is placed in a steep head-down (Trendelenburg) position on a surgical table. ('314 Patent, col. 1:40-59, col. 2:7-13)
- The Patented Solution: The invention is a patient support arrangement centered on a pad made of a deformable, viscoelastic foam. When a patient lies on the pad, their body creates an impression. This depression, in combination with the material's properties, generates holding forces that prevent the patient from sliding when the table is tilted. The foam's ability to conform to the body also distributes pressure, reducing the risk of injury. ('314 Patent, Abstract; col. 2:1-13)
- Technical Importance: This technology provided a method for securing patients during steeply inclined surgical procedures without relying solely on conventional straps or braces, while simultaneously mitigating the risk of pressure-induced nerve damage. ('314 Patent, col. 1:40-59)
Key Claims at a Glance
- The complaint asserts independent claims 1 and 23, along with several dependent claims. (Compl. ¶57)
- Independent Claim 1 requires, in part:
- A patient support arrangement with a pad for a tiltable table.
- The pad comprising a deformable material.
- The material deforms by the patient's torso to form a "depression," which provides a "substantial portion of the holding forces."
- The material has a "rate of recovery sufficiently slow to maintain a depression" for a period of time.
- The pad is configured to "distribute pressure forces" to minimize injuries.
- The complaint reserves the right to assert other claims.
U.S. Patent No. 8,464,720 - Method of Securing a Patient Onto an Operating Table When the Patient Is in the Trendelenburg Position and Apparatus Therefor Including a Kit
- Patent Identification: U.S. Patent No. 8,464,720, titled "Method of Securing a Patient Onto an Operating Table When the Patient Is in the Trendelenburg Position and Apparatus Therefor Including a Kit," issued on June 18, 2013. (Compl. ¶10)
The Invention Explained
- Problem Addressed: Similar to the ’314 Patent, this patent addresses patient movement and pressure injuries during Trendelenburg procedures, while also noting the goal of minimizing operating room contamination. ('720 Patent, col. 9:57-64)
- The Patented Solution: This patent claims a method for using a "single-use Trendelenburg patient support system." The system comprises a viscoelastic pad, securing straps, body straps, and a lift sheet. The invention is a detailed, multi-step process for positioning the pad, straps, and patient on a surgical table before tilting it into the Trendelenburg position. ('720 Patent, col. 17:11-18:27)
- Technical Importance: The invention standardized a comprehensive procedure and provided an all-in-one kit for patient positioning, intended to enhance safety, repeatability, and sterility in the operating room. ('720 Patent, col. 9:57-64)
Key Claims at a Glance
- The complaint asserts independent claims 1 and 6, along with several dependent claims. (Compl. ¶81)
- Independent Claim 1 requires, in part, a method using a system with a lift sheet, body straps, and a viscoelastic pad, comprising the steps of:
- Placing the pad on the surgical table.
- Attaching securing straps.
- Laying a lift sheet over the pad.
- Laying a patient on the lift sheet and pad, thereby deforming the pad.
- Adjusting the table to an inclined (Trendelenburg) position.
- "Assisting in substantially holding the body of said patient" using the viscoelastic pad.
- The complaint reserves the right to assert other claims.
U.S. Patent No. 9,161,876 - Method of Securing a Patient Onto an Operating Table When the Patient Is in the Trendelenburg Position and Apparatus Therefor Including a Kit
- Patent Identification: U.S. Patent No. 9,161,876, titled "Method of Securing a Patient Onto an Operating Table When the Patient Is in the Trendelenburg Position and Apparatus Therefor Including a Kit," issued October 20, 2015. (Compl. ¶11)
- Technology Synopsis: The ’876 Patent claims a "patient support arrangement" that uses a deformable material pad to support a patient's body (thighs, shoulders, torso, head) on a tiltable medical table. The invention focuses on how the pad deforms under the patient's weight to create a depression that provides holding forces, and how the material has a slow rate of recovery to maintain that depression. ('876 Patent, Abstract; Claim 1)
- Asserted Claims: Independent claims 1 and 17 are asserted, among others. (Compl. ¶109)
- Accused Features: The complaint alleges that the Accused Products, which comprise a deformable pad, function as the claimed patient support arrangement by using a body-formed depression to hold a patient when the operating table is tilted. (Compl. ¶113)
III. The Accused Instrumentality
Product Identification
- The "Talon Pad" and associated Trendelenburg positioning kits, "Eagle 1 and Eagle 2" (collectively, the "Accused Products"). (Compl. ¶25)
Functionality and Market Context
- The Accused Products are Trendelenburg positioning pads that comprise "viscoelastic foam." (Compl. ¶26)
- They are designed to be placed on tiltable medical tables to hold a patient, and the foam allegedly "maintains a depression for a period of time after a depression-generating force is removed." (Compl. ¶27, ¶29)
- The complaint alleges the Accused Products have no substantial non-infringing uses and are not staple articles of commerce. (Compl. ¶30-31)
- The complaint alleges the Accused Products are marketed and sold through the same channels as Plaintiff's products. (Compl. ¶36)
- A photograph in the complaint shows a lingering handprint in the Talon Pad, offered as evidence of its slow-recovery, deformable nature. (Compl. ¶28)
IV. Analysis of Infringement Allegations
’314 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A patient support arrangement comprising: a pad configured to be placed on a tiltable medical procedure table; | The Accused Products are patient support arrangements that include a pad designed for placement on a tiltable medical table. | ¶62 | col. 17:11-14 |
| said pad having a length sufficient to extend from about at least the thighs of a patient to about at least the shoulders of a patient to support the torso of a patient placed on said pad; | The pad has a length sufficient to extend from a patient's thighs to their shoulders to support the torso. | ¶62 | col. 17:15-19 |
| said pad comprising a deformable material; said deformable material being configured to be deformable by the torso of a patient to form a depression in said pad... | The Talon Pad is made of a deformable material (viscoelastic foam) that is configured to deform under a patient's torso to create a depression. | ¶63 | col. 17:21-25 |
| ...which depression provides a substantial portion of the holding forces which hold a patient generally in a desired position on said pad upon the medical procedure table being tilted at an angle... | The depression formed in the pad allegedly provides a substantial part of the force required to hold a patient in position when the table is tilted. | ¶63 | col. 17:25-33 |
| said deformable material has a rate of recovery sufficiently slow to maintain a depression in said pad for a desired period of time upon a change in a depression-generating force on said pad; | The Talon Pad's material allegedly has a slow recovery rate that maintains a depression for a desired time. This is supported by a photograph of a handprint. | ¶28, ¶64 | col. 17:34-37 |
| and said pad is configured to distribute pressure forces across a substantial portion of the torso of a patient in contact with said pad to minimize injuries... | The pad is alleged to distribute pressure across the patient's torso to minimize injuries from concentrated pressure forces. | ¶64 | col. 17:38-44 |
’720 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A method of minimizing injuries...by using a single-use Trendelenburg patient support system comprising: a lift sheet...body straps...a single-use, viscoelastic...pad...and securing straps... | The complaint alleges inducement of a method using a system that includes the Talon Pad (a single-use viscoelastic pad), lift sheet, body straps, and securing straps. | ¶83, ¶86 | col. 17:15-24 |
| A) placing a longitudinal edge of said single-use, viscoelastic Trendelenburg pad adjacent and in alignment with a longitudinal edge of a surgical operating table... | In use, the Talon Pad's longitudinal edge is placed adjacent to and aligned with the longitudinal edge of the operating table. | ¶87 | col. 17:28-32 |
| F) laying a patient in a supine position on said lift sheet and said single-use, viscoelastic Trendelenburg pad...thereby deforming said single-use, viscoelastic Trendelenburg pad... | In use, a patient is placed on the Talon Pad on a lift sheet, causing the patient's body to deform the pad. | ¶90 | col. 17:51-57 |
| K) adjusting the angle of inclination of said surgical operating table to orient said patient at an angle in a Trendelenburg position... | In use, the surgical table with the Talon Pad is tilted to place the patient in a Trendelenburg or other inclined position. | ¶97 | col. 18:4-14 |
| L) assisting in substantially holding the body of said patient on said surgical operating table...using said single-use, viscoelastic Trendelenburg pad... | The Talon Pad is alleged to be sufficiently thick, compliant, and viscous to assist in holding the patient and minimizing movement. | ¶91, ¶99 | col. 18:15-27 |
- Identified Points of Contention:
- Scope Questions: A central dispute may concern the scope of "substantial portion of the holding forces." The defense may argue that the accused pad relies primarily on its high-friction surface, rather than the "depression" itself, to hold the patient, and that any holding force from the depression is not "substantial."
- Technical Questions: The complaint's allegations regarding the Talon Pad's material properties (e.g., "rate of recovery sufficiently slow") are made "upon information and belief" (Compl. ¶64). A key factual question will be whether the accused foam's tested physical characteristics fall within the scope of the claims, particularly when compared to the numerical ranges disclosed in the patents' specifications.
V. Key Claim Terms for Construction
The Term: "depression ... provides a substantial portion of the holding forces" (from ’314 Patent, Claim 1)
Context and Importance: This phrase is at the core of the asserted patents' novelty. It distinguishes the invention from simple high-friction pads by requiring the pad's shape, as deformed by the patient, to be a primary source of stability. The case’s outcome may depend on whether "substantial" requires the depression to be the majority source of holding force or merely a non-trivial contributor.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification states, "The holding quality or ability... will be a combination of the coefficient of friction... and the holding ability of the impression" ('720 Patent, col. 5:2-6). This language may support an interpretation where "substantial portion" does not mean a majority, but simply a significant part of a combined-force system.
- Evidence for a Narrower Interpretation: The abstract emphasizes that the pad "shapes itself to support the body," and Figure 5 depicts a clear, body-conforming impression ('314 Patent, Fig. 5). This could support a narrower reading where a deep, contoured "depression" that physically cradles the patient is required, not just any minor indentation.
The Term: "rate of recovery sufficiently slow to maintain a depression" (from ’314 Patent, Claim 1)
Context and Importance: This term defines the required "memory" characteristic of the viscoelastic foam. Practitioners may focus on this term because its definition will determine the boundary between a standard foam cushion and the patented invention. The dispute will likely center on whether this is a purely functional definition or if it is limited by the specific numerical examples in the specification.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language itself is functional: slow enough "to maintain a depression in said pad for a desired period of time upon a change in a depression-generating force on the pad." ('314 Patent, col. 17:34-37). This suggests a flexible standard tied to the practical needs of repositioning a patient during surgery.
- Evidence for a Narrower Interpretation: The specification discloses specific quantitative recovery rates, such as "in the range of approximately 6-15 seconds for approximately 80 percent to 90 percent recovery" ('314 Patent, col. 2:30-32). A party could argue that these examples define and limit what the patent teaches is "sufficiently slow."
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced and contributory infringement for all three patents. (Compl. ¶59, ¶83, ¶111). The inducement theory is based on allegations that Defendant markets the Accused Products for the specific purpose of patient positioning in Trendelenburg procedures. (Compl. ¶61, ¶85). The claim is further supported by allegations that the products have no substantial non-infringing use and are not staple articles of commerce. (Compl. ¶30-31)
- Willful Infringement: The complaint alleges willful infringement based on pre-suit knowledge. (Compl. ¶55, ¶78, ¶106, ¶116). The basis for this allegation is that Defendant's principal, Chris Doody, allegedly marketed and sold Plaintiff's patented "Pink Pad" for a third-party distributor for nearly ten years, and during that time had "actual knowledge of the Asserted Patents" and was "aware of pending litigation" against other alleged infringers before founding Defendant Eagle Health. (Compl. ¶42, ¶48, ¶51, ¶53)
VII. Analyst’s Conclusion: Key Questions for the Case
The resolution of this case appears to hinge on three central questions:
- A core issue will be one of definitional scope: How will the court construe the functional requirement that a "depression provides a substantial portion of the holding forces"? This determination will be critical in deciding whether the accused pad, which is also made of viscoelastic foam, infringes the claims or achieves patient stability through a technically distinct mechanism, such as primary reliance on surface friction.
- A key evidentiary question will be one of material properties: Does the specific foam used in the "Talon Pad" possess the "rate of recovery sufficiently slow" and other physical characteristics required by the claims, especially when evaluated against the specific numerical ranges disclosed in the patent specifications?
- Finally, given the strong allegations of prior history, a critical question will be one of intent: Can Plaintiff prove that Defendant's principal had pre-suit knowledge of the asserted patents and ongoing litigation, and either knew of or was willfully blind to the infringement, which would be necessary to support a finding of willfulness?